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The High Court dismissed a commercial suit as res sub judice and an abuse of process because a pending case between the same parties covered the same subject matter.
The High Court’s Commercial Division dismissed Jielong Holdings’ claim against TIB Development Bank, holding the suit was barred by Order II Rule 2 and that no breach of undertaking was proved.
The High Court of Tanzania dismissed a claim against TIB Development Bank, holding the suit was barred by Order II Rule 2 and that no lien breach was proved.
The instant case is res subjudice to Land Application No. 48 of 2024 as it involves the same principal parties, subject matter, and reliefs, despite the addition of other defendants and differences in monetary value; therefore, the application is incompetent and must be struck out.
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